Victims of Crime

As a result of an injury caused by a criminal act of violence, you have a number of rights which I set out as follows:

A. A PUBLIC LIABILITY/COMMON LAW CLAIM

1. You are able to sue the assailant personally. Any such claim ought to be instituted within three years of your injury or within six years of your injury if you are a minor or under a disability. In cases of childhood sexual assault you have 12 years from the date of your 25th birthday.
2. A common law claim seeks damages for pain and suffering, lost income and other related expenses (i.e. medical).
3. Instituting proceedings against the assailant personally can be a costly exercise. Before instituting proceedings, investigation should be undertaken to determine whether the assailant has the capacity to pay any damages , if awarded in your favour. It is often the case that an assailant does not have sufficient assets to satisfy any judgment made in your favour. Therefore, pursuing a common law claim against the assailant personally must be undertaken with due caution.

B. SENTENCING ACT APPLICATION

1. If the assailant is charged and convicted you have the right to make application to the Court seeking compensation for pain and suffering pursuant to the Sentencing Act.
2. An application must be lodged within 12 months of the assailant's guilty plea or finding of guilt.
3. A Sentencing Act application entitles a victim to claim compensation for pain and suffering but any award takes into account the assailant's capacity to pay.
4. Again, care must be undertaken before making application for a pain and suffering award to ensure that the assailant has the capacity to pay any compensation award in your favour.

C. A VICTIMS OF CRIME ASSISTANCE TRIBUNAL APPLICATION

1. "VOCAT" - What is it?
   
   The Victims of Crime Assistance Tribunal, or "VOCAT", is a state government funded Tribunal that awards compensation to persons who have suffered an injury as a result of a violent crime.
   
   
2. Can VOCAT assist me? Can I apply for compensation?
   
   In order to access compensation from VOCAT a Primary Victim, you must be:
   
   
   • the victim of an "act of violence". The definition of "act of violence" is broadly defined to include criminal offences such as (but not limited to):
     • assault;
     • sexual assault;
     • stalking;
     • rape;
     • kidnapping;
     • threatening to cause injury;
       
   • you must have sustained an injury as a direct result of the act of violence. This includes:
     • actual physical bodily harm;
     • mental illness or disorder (including stress, anxiety, depression)
     • pregnancy
     • a combination of both physical bodily harm and mental illness or disorder
   • the act of violence must have taken place in Victoria;
   If the above three criteria are satisfied, you are eligible to file an "Application for Assistance" to VOCAT as a Primary Victim. Examples of Applications that are commonly heard by VOCAT include (but are not limited to):
   
   
   • sexual assault claims (including rape);
   • physical assault (including assault with a weapon);
   • threats to kill;
   • attempted murder;
   • intention to cause serious injury;
   You may also make an Application for Assistance to VOCAT:
   • as a Secondary Victim if:
     • you were present at the time an act of violence was committed against someone else; and
     • you were injured as a direct result of witnessing that act of violence
   • as a Secondary Victim if:
     • your child (under 18 years old) is the victim of an act of violence; and
     • you are injured as a direct result of becoming aware of that act of violence against your child.
   • As a Related Victim if:
     • A person dies as a result of an act of violence; and
     • At the time of the act of violence, you are closely related to the person who dies because you are:
       • A close family member, including:
         • Spouse
         • Parent. guardian or step-guardian
         • Child or step-child
         • Brother, sister, step-brother, step-sister;
       • A dependant;
       • In an intimate relationship with that person (not just a sexual relationship).
   • For reimbursement of funeral expenses that have been paid by a person following the death of a victim of an act of violence;
     
     
   • If you are a child that is the victim of an act of violence (through your parent or guardian making Application on your behalf);
3. How can VOCAT assist me?
   
   As a Primary Victim, you may be eligible to claim the following items of compensation:
   
   
   • Special Financial Assistance - an amount of lump sum compensation recognizing the effect the act of violence has had on you. This is assessed on a scale basis. Generally, the more serious the act of violence committed against you, the greater the award of lump sum compensation.
     
     The amount of compensation you may be awarded can range between:
     • $100.00 and $7,500 for acts of violence that took place before 1 July 2007
     • $100.00 and $10,000 for acts of violence that took place on or after 1 July 2007
   • Reasonable Medical Expenses - reimbursement of any expenses you have incurred (or are likely to incur) by way of medication or medical treatment which you will require to treat the injuries you have sustained as a direct result of the assault.
     
     For example, should you need to purchase Panadol, anti-depressant medication or see a physiotherapist for treatment, these may be reimbursed by VOCAT
     
     
   • Reasonable Counselling Services - should you require counselling to rehabilitate from the traumatic impact of the act of violence, VOCAT may make an award of compensation allowing for you to attend a set number of counselling sessions.
     
     
   • Loss of Earnings - if you had to cease work following as a result of the injuries you have sustained following an act of violence, then you may be able to claim your earnings for the period you are unable to work. However, this is limited to:
     • a period of 2 years following the act of violence; and
     • a maximum of $20,000.00 compensation
   • Loss of / Damage to clothing worn - if any clothing (including footwear and head wear) you were wearing at the time of the act of violence is damaged, then you may seek reimbursement of the cost of that clothing from VOCAT
     
     
   • Safety Related Expenses - VOCAT may pay the cost of any expenses you incur (or intend to incur) in providing for your own personal safety. For example, you may wish to enroll in a self defense course or install a security door at home to make you feel more secure following the act of violence.
     
     
   • Expenses to Assist Recovery - should VOCAT determine that the circumstances surrounding the act of violence are exceptional, it may make an award to assist you recover from the act of violence.
     
     For example, you may wish to enroll in an educational course to retrain and seek new employment in an effort to rehabilitate following the act of violence.
   As a Secondary Victim, you may be eligible to claim only the following items of compensation (as explained above):
   
   
   • Reasonable counselling services;
   • Reasonable Medical Expenses;
   • Loss of Earnings;
   • Expenses to Assist Recovery
   As a related victim, you may be eligible to claim only the following items of compensation:
   
   
   • Compensation for Distress - VOCAT may award you up to a maximum of $50,000.00 as a result of the distress you might experience following the death of the victim to which you are related;
     
     
   • the following items as explained above:
     • Funeral Expenses
     • Reasonable Counselling Services;
     • Reasonable Medical Expenses.
4. What is the Process? What do I have to do to access compensation?
   
   
   • File Your Application for Assistance
     
     The first step to accessing compensation is to file an Application for Assistance with VOCAT. You may wish to seek the assistance of one of our Lawyers in doing this, as they will be able to provide you with guidance on what material you will need to compile to support your Application.
     
     
   • Provide Evidence in Support of your Application
     
     You will need to provide VOCAT with medical evidence showing that you have sustained a physical or psychological injury as a result of the Act of violence. As such, it is vital that you:
     • Continue to attend on your treating doctors and report to them all injuries and symptoms you are suffering from following the assault;
     • Request that they provide you with a report on your injuries and any treatment they might recommend
     You will also need to provide VOCAT with the receipts, quotes and tax invoices of any of the above mentioned items of compensation that you wish to claim (depending on the category of assistance that you apply under).
     
     In the event that you engage one of our Lawyers to assist you with your Application, we shall attend to requesting medical reports in support of your Application on your behalf. This is especially useful in the event that any reports written by your treating doctors incur a fee which you are unable to pay for upfront. We shall also assist you by guiding you through the receipts, quotes or tax invoices that you will be required to compile in support of your Application.
     
     It is also strongly recommended that you report the act of violence to Police as soon as possible. Should you fail to make a report to Police, or even fail to cooperate with their investigation into the act of Violence, the Tribunal may refuse to make an Award to you and may strike out your Application for Assistance.
     
     
   • Finalise your Application
     
     Once all material in support of your Application has been filed with VOCAT, you must write to VOCAT and advise that you are satisfied all material has been filed and that the matter is finalized.
     
     VOCAT will then either:
     1. make an Award of Assistance "on the papers" to you, which you may accept by signing and returning to VOCAT; or
     2. inform you that you will be required to attend a Hearing.
     If VOCAT advises you will be required to attend a Hearing, it is usually because it is seeking further clarification regarding specific aspects of your Application.
     
     Although you may appear personally at such a Hearing, it is highly recommended that you seek the assistance of one of our Lawyers at this stage of your Application. Not only will we be able to provide advice on the Tribunal's concerns, but we will be able to brief a Barrister to appear on your behalf at the Hearing and assist you.
     
     
   • How long does the process take?
     
     The shortest period of time that an Application takes to prepare and finalise is four (4) months. However, on average, claims usually take approximately eight (8) to nine (9) months before they are finalized due to the delays that may result in obtaining reports and other materials in support of an Application. For example, it may be necessary to make a Freedom of Information request to the Hospital you were treated at or to Victoria Police, which will take some time for materials to be provided once the request has been made.
     
     Once the matter has been finalized, there is usually a period of approximately one (1) to two (2) months before an Award is made or an Application is listed for Hearing (except in the most urgent of Applications where the matter will be listed as soon as possible).
5. What Legal Fees do I have to pay if Clark Toop & Taylor represents me with an Application?
   
   None. Under the Victims of Crime Assistance Act, lawyers and legal firms are not allowed to charge any fees to their clients for any work they complete or advice they give with respect to a VOCAT Application. These costs are paid directly for by VOCAT.
   
   In addition, should any disbursements be incurred by our firm in obtaining reports from your treating medical practitioners or requesting further materials through a Freedom of Information request, they should be paid for by VOCAT.